Resolution of the Plenum of the Supreme Court of the Republic of Tajikistan dated December 26, 2023 “On some issues arising in judicial practice in the application of the Housing Code of the Republic of Tajikistan”

In 2022-2023, a civil society expert conducted an analysis of data collected on the implementation of the State Strategy for Combating Corruption in the Republic of Tajikistan for the period up to 2030 and the Action Plan for its implementation for the first phase (2021-2025) to improve the legislation on combating corruption in the sphere of housing and land legislation (hereinafter – monitoring report, 2022-2023). The analysis revealed that one of the factors that can lead to corruption in housing issues is the lack of a unified approach to judicial practice in cases related to housing legal relations. As a preventive mechanism, recommendations were made to improve the practice of enforcement of legislation by lower courts. A resolution of the Plenum of the Supreme Court of the Republic was drafted to ensure correct and uniform application of the law by the courts, with participation of experts from the NGO “Huquqi dastras” (“Accessible Right”). The OSCE Programme Office in Dushanbe (POiD) supported the drafting of the monitoring report (2022-2023), the holding of two meetings of the Supreme Court working group on the draft resolution (2023), and the publication of the resolution (2024). These activities were part of the OSCE's continued support to Tajikistan in promoting good governance and implementing the State Anti-Corruption Strategy in accordance with international standards. In addition, as part of its human dimension activities, the POiD supported a gender analysis for the preparation of the draft resolution (2023). The resolution is available in Tajik and Russian.